Boar's Head faces more lawsuits over listeria-recalled meat

Five lawsuits have been filed against Sarasota-based meat provision company Boar’s Head over meat contaminated with listeria. 

People who ingest the bacteria can become infected with listeriosis, which may cause muscle aches, flu-like symptoms, confusion, seizures, fever, loss of balance and headaches, according to the Centers for Disease Control and Prevention. Listeriosis is especially dangerous for those over 65 and pregnant women.

The lawsuits are filed in multiple jurisdictions, from New York to Sarasota to Alabama. Boar's Head officials have not responded to Business Observer requests for comments on the lawsuits. But the company did post a statement on the its website Aug. 29, that expressed regret to those impacted by its recall and outlining what it is doing to protect people’s safety moving forward.

“We deeply regret the impact this recall has had on affected families. No words can fully express our sympathies and the sincere and deep hurt we feel for those who have suffered losses or endured illness,” the statement says.

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The latest lawsuit, filed Aug. 30, comes from a Virginia man — Gunter Morgenstein, 88, of Newport News — whose families and attorneys contend he died after eating Boar’s Head liverwurst. The wrongful death lawsuit seeks $50,001 to $75,000 in damages, according to court filings submitted in Sarasota County. 

Gunter Morgenstein — he was also a Holocaust survivor — purchased Boar’s Head liverwurst June 30 and consumed it over the next several days. He suffered weakness, diarrhea, fatigue and fever before his condition deteriorated, and he was hospitalized with shortness of breath and other symptoms on July 8, the lawsuit alleges. After his condition worsened, his doctor ordered tests on July 11 that showed he was positive for listeria bacteria. He died on July 18, with the doctor stating he suffered from sepsis and bacteremia due to listeria and listeria meningitis encephalitis, the lawsuit contends.

The decedent’s wife and son — Margarette Morgenstein and Garshon Morgenstein — allege Boar’s Head was liable for the defective meat and was negligent in selling it; as a result of Gunter Morgenstein’s death, his survivors say they have undergone mental pain and suffering.

Boar’s Head first recalled liverwurst July 26 due to the potential for listeria; on July 30, it expanded the recall to include about 7 million pounds of ready-to-eat meat and poultry products that came from its facility in Jarratt, Virginia, according to the CDC.

The Virginia facility is closed as workers are retrained and the plant is disinfected, a Boar’s Head spokesperson told CBS News, which found through a public records request that the plant was cited 69 times in the last year for issues like having black mold on vats containing products, flies going in and out of pickle vats and meat buildup on walls and floors, among others. 

Production has been paused at that facility, Boar’s Head says in the statement posted on its website. "We are conducting an extensive investigation, working closely with the USDA and government regulatory agencies, as well as with the industry’s leading food safety experts, to determine how our liverwurst produced at our Jarratt, Virginia facility was adulterated and to prevent it from happening again," Boar's Head says the statement. "We will not resume operations at this facility until we are confident that it meets USDA regulatory standards and Boar’s Head’s highest quality and safety standards."

Due to the listeria outbreak, the CDC reports 57 people were hospitalized across 18 states as of Aug. 27. Nine deaths have been reported, including in Florida, Illinois, New Jersey, New Mexico, New York, Tennessee and Virginia as well as two in South Carolina.

While the impacted Boar's Head products have been recalled and the facility where the meat was processed has been temporarily closed, authorities say the number of illnesses could rise since it can take up to 10 weeks for some people to develop symptoms.